2026-Ohio-2621
Ohio Ct. App. 10th2026Background
- Appellant sued Franklin County and the Franklin County Treasurer after a tax lien certificate remained in county records and allegedly blocked a property sale. 1
- The complaint alleged the lien certificate had expired, the treasurer refused to remove it, and a title agency would not insure the later sale because of it. 2
- Appellant sought declaratory relief, compensatory damages, and punitive damages for the failed sale. 3
- Appellees moved to dismiss under Civ.R. 12(B)(6), and the trial court granted the motion. 4
- The trial court held appellant failed to plead a legal duty or fair notice of any tort claim and also found appellees immune under R.C. Chapter 2744. 5
- The court of appeals reviewed the dismissal de novo and considered the pleading and immunity issues together. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the complaint state a claim for relief? 7 | Young claimed the complaint alleged detailed, credible facts showing wrongdoing. | The county argued the complaint lacked any identified duty or cognizable tort theory. | No; the complaint failed to give fair notice of a claim. 8 |
| Were appellees immune from damages under R.C. Chapter 2744? 9 | Young argued the alleged conduct was proprietary, not governmental. | The county argued tax collection and lien reporting are governmental functions with no exception applying. | Yes; immunity applied and no R.C. 2744.02(B) exception fit. 10 |
Key Cases Cited
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (Ohio 1975) (Civ.R. 12(B)(6) dismissal requires no set of facts entitling recovery 11)